|
15 USC,
Subchapter I, Sec. 6801-6809 Disclosure of Nonpublic Personal
Information
| Sec. |
|
| 6801. |
Protection of
nonpublic personal information. |
|
(a) Privacy obligation policy. (b)
Financial institutions safeguards. |
| 6802. |
Obligations with
respect to disclosures of personal
information. |
|
(a) Notice requirements. (b) Opt
out. (c) Limits on reuse of information. (d) Limitations on
the sharing of account number information for marketing
purposes. (e) General exceptions. |
| 6803. |
Disclosure of
institution privacy policy. |
|
(a) Disclosure required. (b)
Information to be included. |
| 6804. |
Rulemaking. |
|
(a) Regulatory authority. (b)
Authority to grant exceptions. |
| 6805. |
Enforcement. |
|
(a) In general. (b) Enforcement of
section 6801. (c) Absence of State action. (d)
Definitions. |
| 6806. |
Relation to other
provisions. |
| 6807. |
Relation to State
laws. |
|
(a) In general. (b) Greater
protection under State law. |
| 6808. |
Study of information
sharing among financial affiliates. |
|
(a) In general. (b)
Consultation. (c) Report. |
| 6809. |
Definitions. |
Sec. 6801. Protection of
nonpublic personal information
(a) Privacy obligation policy
It is the policy of the Congress that each
financial institution has an affirmative and continuing obligation to
respect the privacy of its customers and to protect the security and
confidentiality of those customers' nonpublic personal
information.
(b) Financial institutions
safeguards
In furtherance of the policy in subsection (a)
of this section, each agency or authority described in section 6805(a) of
this title shall establish appropriate standards for the financial
institutions subject to their jurisdiction relating to administrative,
technical, and physical safeguards -
(1) to insure the security and
confidentiality of customer records and information;
(2) to protect against any anticipated
threats or hazards to the security or integrity of such records;
and
(3) to protect against unauthorized access to
or use of such records or information which could result in substantial
harm or inconvenience to any customer.
SECTION REFERRED TO IN OTHER
SECTIONS
This section is referred to in sections 6803,
6805 of this title.
NOTE: Pub. L. 106-102, title V, Sec.
510, Nov. 12, 1999, 113 Stat. 1445, provided that: ''This subtitle
(subtitle A (Sec. 501-510) of title V of Pub. L. 106-102, enacting this
subchapter and amending section 1681s of this title) shall take effect 6
months after the date on which rules are required to be prescribed under
section 504(a)(3) (15 U.S.C. 6804(a)(3)), except -
''(1) to the extent that a later date is specified in the rules
prescribed under section 504; and
''(2) that sections 504 (15 U.S.C. 6804) and 506 (enacting section
6806 of this title and amending section 1681s of this title) shall be
effective upon enactment (Nov. 12, 1999).''
Sec. 6802. Obligations
with respect to disclosures of personal
information
(a) Notice requirements
Except as otherwise provided in this
subchapter, a financial institution may not, directly or through any
affiliate, disclose to a nonaffiliated third party any nonpublic personal
information, unless such financial institution provides or has provided to
the consumer a notice that complies with section 6803 of this
title.
(b) Opt out
(1) In general
A financial institution may not disclose
nonpublic personal information to a nonaffiliated third party unless
-
(A) such financial institution clearly and
conspicuously discloses to the consumer, in writing or in electronic
form or other form permitted by the regulations prescribed under
section 6804 of this title, that such information may be disclosed to
such third party;
(B) the consumer is given the opportunity,
before the time that such information is initially disclosed, to
direct that such information not be disclosed to such third party;
and
(C) the consumer is given an explanation of
how the consumer can exercise that nondisclosure
option.
(2) Exception
This subsection shall not prevent a financial
institution from providing nonpublic personal information to a
nonaffiliated third party to perform services for or functions on behalf
of the financial institution, including marketing of the financial
institution's own products or services, or financial products or
services offered pursuant to joint agreements between two or more
financial institutions that comply with the requirements imposed by the
regulations prescribed under section 6804 of this title, if the
financial institution fully discloses the providing of such information
and enters into a contractual agreement with the third party that
requires the third party to maintain the confidentiality of such
information.
(c) Limits on reuse of information
Except as otherwise provided in this
subchapter, a nonaffiliated third party that receives from a financial
institution nonpublic personal information under this section shall not,
directly or through an affiliate of such receiving third party, disclose
such information to any other person that is a nonaffiliated third party
of both the financial institution and such receiving third party, unless
such disclosure would be lawful if made directly to such other person by
the financial institution.
(d) Limitations on the sharing of account
number information for marketing purposes
A financial institution shall not disclose,
other than to a consumer reporting agency, an account number or similar
form of access number or access code for a credit card account, deposit
account, or transaction account of a consumer to any nonaffiliated third
party for use in telemarketing, direct mail marketing, or other marketing
through electronic mail to the consumer.
(e) General exceptions
Subsections (a) and (b) of this section shall
not prohibit the disclosure of nonpublic personal information -
(1) as necessary to effect, administer, or
enforce a transaction requested or authorized by the consumer, or in
connection with -
(A) servicing or processing a financial
product or service requested or authorized by the consumer;
(B) maintaining or servicing the consumer's
account with the financial institution, or with another entity as part
of a private label credit card program or other extension of credit on
behalf of such entity; or
(C) a proposed or actual securitization,
secondary market sale (including sales of servicing rights), or
similar transaction related to a transaction of the
consumer;
(2) with the consent or at the direction of
the consumer;
(3)(A) to protect the confidentiality or
security of the financial institution's records pertaining to the
consumer, the service or product, or the transaction therein; (B) to
protect against or prevent actual or potential fraud, unauthorized
transactions, claims, or other liability; (C) for required institutional
risk control, or for resolving customer disputes or inquiries; (D) to
persons holding a legal or beneficial interest relating to the consumer;
or (E) to persons acting in a fiduciary or representative capacity on
behalf of the consumer;
(4) to provide information to insurance rate
advisory organizations, guaranty funds or agencies, applicable rating
agencies of the financial institution, persons assessing the
institution's compliance with industry standards, and the institution's
attorneys, accountants, and auditors;
(5) to the extent specifically permitted or
required under other provisions of law and in accordance with the Right
to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.), to law
enforcement agencies (including a Federal functional regulator, the
Secretary of the Treasury with respect to subchapter II of chapter 53 of
title 31, and chapter 2 of title I of Public Law 91-508 (12 U.S.C.
1951-1959), a State insurance authority, or the Federal Trade
Commission), self-regulatory organizations, or for an investigation on a
matter related to public safety;
(6)(A) to a consumer reporting agency in
accordance with the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.),
or (B) from a consumer report reported by a consumer reporting
agency;
(7) in connection with a proposed or actual
sale, merger, transfer, or exchange of all or a portion of a business or
operating unit if the disclosure of nonpublic personal information
concerns solely consumers of such business or unit; or
(8) to comply with Federal, State, or local
laws, rules, and other applicable legal requirements; to comply with a
properly authorized civil, criminal, or regulatory investigation or
subpoena or summons by Federal, State, or local authorities; or to
respond to judicial process or government regulatory authorities having
jurisdiction over the financial institution for examination, compliance,
or other purposes as authorized by law.
(Pub. L. 106-102, title V, Sec. 502, Nov. 12,
1999, 113 Stat. 1437.)
REFERENCES IN TEXT
This subchapter, referred to in subsecs. (a)
and (c), was in the original ''this subtitle'', meaning subtitle A (Sec.
501 et seq.) of title V of Pub. L. 106-102, Nov. 12, 1999, 113 Stat. 1436,
which enacted this subchapter and amended section 1681s of this
title.
For complete classification of subtitle A to
the Code, see Tables.
The Right to Financial Privacy Act of 1978,
referred to in subsec. (e)(5), is title XI of Pub. L. 95-630, Nov. 10,
1978, 92 Stat. 3697, as amended, which is classified generally to chapter
35 (Sec. 3401 et seq.) of Title 12, Banks and Banking. For complete
classification of this Act to the Code, see Short Title note set out under
section 3401 of Title 12 and Tables.
Chapter 2 of title I of Public Law 91-508,
referred to in subsec. (e)(5), is chapter 2 (Sec. 121-129) of title I of
Pub. L. 91-508, Oct. 26, 1970, 84 Stat. 1116, which is classified
generally to chapter 21 (Sec. 1951 et seq.) of Title 12, Banks and
Banking. For complete classification of chapter 2 to the Code, see
Tables.
The Fair Credit Reporting Act, referred to in
subsec. (e)(6)(A), is title VI of Pub. L. 90-321, as added by Pub. L.
91-508, title VI, Sec. 601, Oct. 26, 1970, 84 Stat. 1127, as amended,
which is classified generally to subchapter III (Sec. 1681 et seq.) of
chapter 41 of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 1601 of this title and
Tables.
SECTION REFERRED TO IN OTHER
SECTIONS
This section is referred to in sections 6803,
6804, 6809 of this title.
Sec. 6803. Disclosure of
institution privacy policy
(a) Disclosure required
At the time of establishing a customer
relationship with a consumer and not less than annually during the
continuation of such relationship, a financial institution shall provide a
clear and conspicuous disclosure to such consumer, in writing or in
electronic form or other form permitted by the regulations prescribed
under section 6804 of this title, of such financial institution's policies
and practices with respect to -
(1) disclosing nonpublic personal information
to affiliates and nonaffiliated third parties, consistent with section
6802 of this title, including the categories of information that may be
disclosed;
(2) disclosing nonpublic personal information
of persons who have ceased to be customers of the financial institution;
and
(3) protecting the nonpublic personal
information of consumers.
Such disclosures shall be made in accordance
with the regulations prescribed under section 6804 of this
title.
(b) Information to be included
The disclosure required by subsection (a) of
this section shall include -
(1) the policies and practices of the
institution with respect to disclosing nonpublic personal information to
nonaffiliated third parties, other than agents of the institution,
consistent with section 6802 of this title, and including -
(A) the categories of persons to whom the
information is or may be disclosed, other than the persons to whom the
information may be provided pursuant to section 6802(e) of this title;
and
(B) the policies and practices of the
institution with respect to disclosing of nonpublic personal
information of persons who have ceased to be customers of the
financial institution;
(2) the categories of nonpublic personal
information that are collected by the financial institution;
(3) the policies that the institution
maintains to protect the confidentiality and security of nonpublic
personal information in accordance with section 6801 of this title; and
(4) the disclosures required, if any, under
section 1681a(d)(2)(A)(iii) of this title.
(Pub. L. 106-102, title V, Sec. 503, Nov. 12,
1999, 113 Stat. 1439.)
SECTION REFERRED TO IN OTHER
SECTIONS
This section is referred to in section 6802 of
this title.
Sec. 6804.
Rulemaking
(a) Regulatory authority
(1) Rulemaking
The Federal banking agencies, the National
Credit Union Administration, the Secretary of the Treasury, the
Securities and Exchange Commission, and the Federal Trade Commission
shall each prescribe, after consultation as appropriate with
representatives of State insurance authorities designated by the
National Association of Insurance Commissioners, such regulations
as may be necessary to carry out the purposes of this subchapter with
respect to the financial institutions subject to their jurisdiction
under section 6805 of this title.
(2) Coordination, consistency, and
comparability
Each of the agencies and authorities required
under paragraph (1) to prescribe regulations shall consult and
coordinate with the other such agencies and authorities for the purposes
of assuring, to the extent possible, that the regulations prescribed by
each such agency and authority are consistent and comparable with the
regulations prescribed by the other such agencies and
authorities.
(3) Procedures and deadline
Such regulations shall be prescribed in
accordance with applicable requirements of title 5 and shall be issued
in final form not later than 6 months after November 12,
1999.
(b) Authority to grant exceptions
The regulations prescribed under subsection (a)
of this section may include such additional exceptions to subsections (a)
through (d) of section 6802 of this title as are deemed consistent with
the purposes of this subchapter.
(Pub. L. 106-102, title V, Sec. 504, Nov. 12,
1999, 113 Stat.1439.)
SECTION REFERRED TO IN OTHER
SECTIONS
This section is referred to in sections 6802,
6803, 6809 of this title.
Sec. 6805.
Enforcement
(a) In general
This subchapter and the regulations prescribed
thereunder shall be enforced by the Federal functional regulators, the
State insurance authorities, and the Federal Trade Commission with respect
to financial institutions and other persons subject to their jurisdiction
under applicable law, as follows:
(1) Under section 1818 of title 12, in the
case of -
(A) national banks, Federal branches and
Federal agencies of foreign banks, and any subsidiaries of such
entities (except brokers, dealers, persons providing insurance,
investment companies, and investment advisers), by the Office of the
Comptroller of the Currency;
(B) member banks of the Federal Reserve
System (other than national banks), branches and agencies of foreign
banks (other than Federal branches, Federal agencies, and insured
State branches of foreign banks), commercial lending companies owned
or controlled by foreign banks, organizations operating under section
25 or 25A of the Federal Reserve Act (12 U.S.C. 601 et seq., 611 et
seq.), and bank holding companies and their nonbank subsidiaries or
affiliates (except brokers, dealers, persons providing insurance,
investment companies, and investment advisers), by the Board of
Governors of the Federal Reserve System;
(C) banks insured by the Federal Deposit
Insurance Corporation (other than members of the Federal Reserve
System), insured State branches of foreign banks, and any subsidiaries
of such entities (except brokers, dealers, persons providing
insurance, investment companies, and investment advisers), by the
Board of Directors of the Federal Deposit Insurance Corporation;
and
(D) savings associations the deposits of
which are insured by the Federal Deposit Insurance Corporation, and
any subsidiaries of such savings associations (except brokers,
dealers, persons providing insurance, investment companies, and
investment advisers), by the Director of the Office of Thrift
Supervision.
(2) Under the Federal Credit Union Act (12
U.S.C. 1751 et seq.), by the Board of the National Credit Union
Administration with respect to any federally insured credit union, and
any subsidiaries of such an entity.
(3) Under the Securities Exchange Act of 1934
(15 U.S.C. 78a et seq.), by the Securities and Exchange Commission with
respect to any broker or dealer.
(4) Under the Investment Company Act of 1940
(15 U.S.C. 80a-1 et seq.), by the Securities and Exchange Commission
with respect to investment companies.
(5) Under the Investment Advisers Act of 1940
(15 U.S.C. 80b-1
et seq.), by the Securities and Exchange
Commission with respect to investment advisers registered with the
Commission under such Act.
(6) Under State insurance law, in the case of
any person engaged in providing insurance, by the applicable State
insurance authority of the State in which the person is domiciled,
subject to section 6701 of this title.
(7) Under the Federal Trade Commission Act
(15 U.S.C. 41 et seq.), by the Federal Trade Commission for any other
financial institution or other person that is not subject to the
jurisdiction of any agency or authority under paragraphs (1) through (6)
of this subsection.
(b) Enforcement of section 6801
(1) In general
Except as provided in paragraph (2), the
agencies and authorities described in subsection (a) of this section
shall implement the standards prescribed under section 6801(b) of this
title in the same manner, to the extent practicable, as standards
prescribed pursuant to section 1831p-1(a) of title 12 are implemented
pursuant to such section.
(2) Exception
The agencies and authorities described in
paragraphs (3), (4), (5), (6), and (7) of subsection (a) of this section
shall implement the standards prescribed under section 6801(b) of this
title by rule with respect to the financial institutions and other
persons subject to their respective jurisdictions under subsection (a)
of this section.
(c) Absence of State action
If a State insurance authority fails to adopt
regulations to carry out this subchapter, such State shall not be eligible
to override, pursuant to section 1831x(g)(2)(B)(iii) of title 12, the
insurance customer protection regulations prescribed by a Federal banking
agency under section 1831x(a) of title 12.
(d) Definitions
The terms used in subsection (a)(1) of this
section that are not defined in this subchapter or otherwise defined in
section 1813(s) of title 12 shall have the same meaning as given in
section 3101 of title 12.
(Pub. L. 106-102, title V, Sec. 505, Nov. 12,
1999, 113 Stat. 1440.)
REFERENCES IN TEXT
Section 25 of the Federal Reserve Act, referred
to in subsec. (a)(1)(B), is classified to subchapter I (Sec. 601 et seq.)
of chapter 6 of Title 12, Banks and Banking. Section 25A of the Federal
Reserve Act is classified to subchapter II (Sec. 611 et seq.) of chapter 6
of Title 12.
The Federal Credit Union Act, referred to in
subsec. (a)(2), is act June 26, 1934, ch. 750, 48 Stat. 1216, as amended,
which is classified generally to chapter 14 (Sec. 1751 et seq.) of Title
12, Banks and Banking. For complete classification of this Act to the
Code, see section 1751 of Title 12 and Tables.
The Securities Exchange Act of 1934, referred
to in subsec. (a)(3), is act June 6, 1934, ch. 404, 48 Stat. 881, as
amended, which is classified principally to chapter 2B (Sec. 78a et seq.)
of this title. For complete classification of this Act to the Code, see
section 78a of this title and Tables.
The Investment Company Act of 1940, referred to
in subsec. (a)(4), is title I of act Aug. 22, 1940, ch. 686, 54 Stat. 789,
as amended, which is classified generally to subchapter I (Sec. 80a-1 et
seq.) of chapter 2D of this title. For complete classification of this Act
to the Code, see section 80a-51 of this title and Tables.
The Investment Advisers Act of 1940, referred
to in subsec. (a)(5), is title II of act Aug. 22, 1940, ch. 686, 54 Stat.
847, as amended, which is classified generally to subchapter II (Sec.
80b-1 et seq.) of chapter 2D of this title. For complete classification of
this Act to the Code, see section 80b-20 of this title and
Tables.
The Federal Trade Commission Act, referred to
in subsec. (a)(7), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as
amended, which is classified generally to subchapter I (Sec. 41 et seq.)
of chapter 2 of this title. For complete classification of this Act to the
Code, see section 58 of this title and Tables.
SECTION REFERRED TO IN OTHER
SECTIONS
This section is referred to in sections 6801,
6804, 6807 of this title.
Sec. 6806. Relation to
other provisions
Except for the amendments made by subsections
(a) and (b), nothing in this chapter shall be construed to modify, limit,
or supersede the operation of the Fair Credit Reporting Act (15 U.S.C.
1681 et seq.), and no inference shall be drawn on the basis of the
provisions of this chapter regarding whether information is transaction or
experience information under section 603 of such Act (15 U.S.C.
1681a).
(Pub. L. 106-102, title V, Sec. 506(c), Nov.
12, 1999, 113 Stat. 1442.)
REFERENCES IN TEXT
Amendments made by subsections (a) and (b),
referred to in text, means amendments made by section 506(a) and (b) of
Pub. L. 106-102, which amended section 1681s of this title.
This chapter, referred to in text, was in the
original ''this title'', meaning title V of Pub. L. 106-102, Nov. 12,
1999, 113 Stat. 1436, as amended, which enacted this chapter and amended
section 1681s of this title. For complete classification of title V to the
Code, see Tables.
The Fair Credit Reporting Act, referred to in
text, is title VI of Pub. L. 90-321, as added by Pub. L. 91-508, title VI,
Sec. 601, Oct. 26, 1970, 84 Stat. 1127, as amended, which is classified
generally to subchapter III (Sec. 1681 et seq.) of chapter 41 of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 1601 of this title and Tables.
Sec. 6807. Relation to
State laws
(a) In general
This subchapter and the amendments made by this
subchapter shall not be construed as superseding, altering, or affecting
any statute, regulation, order, or interpretation in effect in any State,
except to the extent that such statute, regulation, order, or
interpretation is inconsistent with the provisions of this subchapter, and
then only to the extent of the inconsistency.
(b) Greater protection under State
law
For purposes of this section, a State statute,
regulation, order, or interpretation is not inconsistent with the
provisions of this subchapter if the protection such statute, regulation,
order, or interpretation affords any person is greater than the protection
provided under this subchapter and the amendments made by this subchapter,
as determined by the Federal Trade Commission, after consultation
with the agency or authority with jurisdiction under section 6805(a) of
this title of either the person that initiated the complaint or that is
the subject of the complaint, on its own motion or upon the petition of
any interested party.
(Pub. L. 106-102, title V, Sec. 507, Nov. 12,
1999, 113 Stat. 1442.)
REFERENCES IN TEXT
This subchapter, referred to in text, was in
the original ''this subtitle'', meaning subtitle A (Sec. 501-510) of title
V of Pub. L. 106-102, Nov. 12, 1999, 113 Stat. 1436, which enacted this
subchapter and amended section 1681s of this title. For complete
classification of subtitle A to the Code, see Tables.
Sec. 6808. Study of
information sharing among financial affiliates
(a) In general
The Secretary of the Treasury, in conjunction
with the Federal functional regulators and the Federal Trade Commission,
shall conduct a study of information sharing practices among financial
institutions and their affiliates. Such study shall include -
(1) the purposes for the sharing of
confidential customer information with affiliates or with nonaffiliated
third parties;
(2) the extent and adequacy of security
protections for such information;
(3) the potential risks for customer privacy
of such sharing of information;
(4) the potential benefits for financial
institutions and affiliates of such sharing of information;
(5) the potential benefits for customers of
such sharing of information;
(6) the adequacy of existing laws to protect
customer privacy;
(7) the adequacy of financial institution
privacy policy and privacy rights disclosure under existing law;
(8) the feasibility of different approaches,
including opt-out and opt-in, to permit customers to direct that
confidential information not be shared with affiliates and nonaffiliated
third parties; and
(9) the feasibility of restricting sharing of
information for specific uses or of permitting customers to direct the
uses for which information may be shared.
(b) Consultation
The Secretary shall consult with
representatives of State insurance authorities designated by the National
Association of Insurance Commissioners, and also with financial services
industry, consumer organizations and privacy groups, and other
representatives of the general public, in formulating and conducting the
study required by subsection (a) of this section.
(c) Report
On or before January 1, 2002, the Secretary
shall submit a report to the Congress containing the findings and
conclusions of the study required under subsection (a) of this section,
together with such recommendations for legislative or administrative
action as may be appropriate.
(Pub. L. 106-102, title V, Sec. 508, Nov. 12,
1999, 113 Stat.1442.)
Sec. 6809.
Definitions
As used in this subchapter:
(1) Federal banking agency
The term ''Federal banking agency'' has the
same meaning as given in section 1813 of title 12.
(2) Federal functional regulator
The term ''Federal functional regulator''
means -
(A) the Board of Governors of the Federal
Reserve System;
(B) the Office of the Comptroller of the
Currency;
(C) the Board of Directors of the Federal
Deposit Insurance Corporation;
(D) the Director of the Office of Thrift
Supervision;
(E) the National Credit Union
Administration Board; and
(F) the Securities and Exchange
Commission.
(3) Financial institution
(A) In
general
The term ''financial institution'' means
any institution the business of which is engaging in financial
activities as described in section 1843(k) of title 12.
(B) Persons subject to CFTC
regulation
Notwithstanding subparagraph (A), the term
''financial institution'' does not include any person or entity with
respect to any financial activity that is subject to the jurisdiction
of the Commodity Futures Trading Commission under the Commodity
Exchange Act (7 U.S.C. 1 et seq.).
(C) Farm credit institutions
Notwithstanding subparagraph (A), the term
''financial institution'' does not include the Federal Agricultural
Mortgage Corporation or any entity chartered and operating under the
Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.).
(D) Other secondary market
institutions
Notwithstanding subparagraph (A), the term
''financial institution'' does not include institutions chartered by
Congress specifically to engage in transactions described in section
6802(e)(1)(C) of this title, as long as such institutions do not sell
or transfer nonpublic personal information to a nonaffiliated third
party.
(4) Nonpublic personal information
(A) The term ''nonpublic personal
information'' means personally identifiable financial information
-
(i) provided by a consumer to a financial
institution;
(ii) resulting from any transaction with
the consumer or any service performed for the consumer;
or
(iii) otherwise obtained by the financial
institution.
(B) Such term does not include publicly
available information, as such term is defined by the regulations
prescribed under section 6804 of this title.
(C) Notwithstanding subparagraph (B), such
term -
(i) shall include any list, description,
or other grouping of consumers (and publicly available information
pertaining to them) that is derived using any nonpublic personal
information other than publicly available information;
but
(ii) shall not include any list,
description, or other grouping of consumers (and publicly available
information pertaining to them) that is derived without using any
nonpublic personal information.
(5) Nonaffiliated third
party
The term ''nonaffiliated third party'' means
any entity that is not an affiliate of, or related by common ownership
or affiliated by corporate control with, the financial institution, but
does not include a joint employee of such
institution.
(6) Affiliate
The term ''affiliate'' means any company that
controls, is controlled by, or is under common control with another
company.
(7) Necessary to effect, administer, or
enforce
The term ''as necessary to effect,
administer, or enforce the transaction'' means -
(A) the disclosure is required, or is a
usual, appropriate, or acceptable method, to carry out the transaction
or the product or service business of which the transaction is a part,
and record or service or maintain the consumer's account in the
ordinary course of providing the financial service or financial
product, or to administer or service benefits or claims relating to
the transaction or the product or service business of which it is a
part, and includes -
(i) providing the consumer or the
consumer's agent or broker with a confirmation, statement, or other
record of the transaction, or information on the status or value of
the financial service or financial product; and
(ii) the accrual or recognition of
incentives or bonuses associated with the transaction that are
provided by the financial institution or any other
party;
(B) the disclosure is required, or is one
of the lawful or appropriate methods, to enforce the rights of the
financial institution or of other persons engaged in carrying out the
financial transaction, or providing the product or service;
(C) the disclosure is required, or is a
usual, appropriate, or acceptable method, for insurance underwriting
at the consumer's request or for reinsurance purposes, or for any of
the following purposes as they relate to a consumer's insurance:
Account administration, reporting, investigating, or preventing fraud
or material misrepresentation, processing premium payments, processing
insurance claims, administering insurance benefits (including
utilization review activities), participating in research projects, or
as otherwise required or specifically permitted by Federal or State
law; or
(D) the disclosure is required, or is a
usual, appropriate or acceptable method, in connection with
-
(i) the authorization, settlement,
billing, processing, clearing, transferring, reconciling, or
collection of amounts charged, debited, or otherwise paid using a
debit, credit or other payment card, check, or account number, or by
other payment means;
(ii) the transfer of receivables,
accounts or interests therein; or
(iii) the audit of debit, credit or other
payment information.
(8) State insurance authority
The term ''State insurance authority'' means,
in the case of any person engaged in providing insurance, the State
insurance authority of the State in which the person is
domiciled.
(9) Consumer
The term ''consumer'' means an individual who
obtains, from a financial institution, financial products or services
which are to be used primarily for personal, family, or household
purposes, and also means the legal representative of such an
individual.
(10) Joint agreement
The term ''joint agreement'' means a formal
written contract pursuant to which two or more financial institutions
jointly offer, endorse, or sponsor a financial product or service, and
as may be further defined in the regulations prescribed under section
6804 of this title.
(11) Customer relationship
The term ''time of establishing a customer
relationship'' shall be defined by the regulations prescribed under
section 6804 of this title, and shall, in the case of a financial
institution engaged in extending credit directly to consumers to finance
purchases of goods or services, mean the time of establishing the credit
relationship with the consumer.
(Pub. L. 106-102, title V, Sec. 509, Nov. 12,
1999, 113 Stat. 1443.)
REFERENCES IN TEXT
The Commodity Exchange Act, referred to in par.
(3)(B), is act Sept. 21, 1922, ch. 369, 42 Stat. 998, as amended, which is
classified generally to chapter 1 (Sec. 1 et seq.) of Title 7,
Agriculture. For complete classification of this Act to the Code, see
section 1 of Title 7 and Tables.
The Farm Credit Act of 1971, referred to in
par. (3)(C), is Pub. L. 92-181, Dec. 10, 1971, 85 Stat. 583, as amended,
which is classified generally to chapter 23 (Sec. 2001 et seq.) of Title
12, Banks and Banking. For complete classification of this Act to the
Code, see Short Title note set out under section 2001 of Title 12 and
Tables.
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